Child support from unemployed mother

blondii428 · May 2013

In curious if anyone has heard of a situation like this. If a father tries to go after the BM for child support and she is voluntarily unemployed and not looking because she lives with her boyfriend, how does that work?

bosoxy · May 2013

In our situation, BM quit her job. The court calculated support based on the amount she made when she quit her job. She was *key word* CAPABLE of making that much money but chose not to.

blondii428 · May 2013

That's what I've found via searching the web. But where I'm hung up is how do they pay it without any income? That's been added to the list of questions to ask our attorney, I was just wondering if anyone has heard of or been in a situation like this!

Ginlyn0 · May 2013

It would be no different than a BD that does not have a job. My DH has been unemployed 3 times since we have been together due to job loss. When he recieves unemployment, his CS comes out of that. When he doesn't, I pay it. Otherwise the arrears just piles up. It doesn't take the obligation to pay away if someone doesn't work.

So either her BF pays it (if he chooses) or it just keeps racking up as a debt.

new+tothis · May 2013

They should (hopefully) calculate it based on the amount she made when she quit or what she is capable of making if she is underemployed. I'm a SAHM. When we calculated CS I voluntarily imputed my income at my previous rate because that is what's fair imo. BD pays me support so there was no issue of how to pay it while being unemployed. That's not your problem though - clearly the non-custodial parent needs to pay bills other than child support. How are those getting paid?

Sunday924 · May 2013

When BM and DH went to court she had no job but they calculated it off minimum wage. She now gets disability and it comes straight from there. The amount he gets isn't what is CO'd but there is nothing we can do about it....it's just adding up.

blondii428 · May 2013

gin9874:
It would be no different than a BD that does not have a job. My DH has been unemployed 3 times since we have been together due to job loss. When he recieves unemployment, his CS comes out of that. When he doesn't, I pay it. Otherwise the arrears just piles up. It doesn't take the obligation to pay away if someone doesn't work.
So either her BF pays it (if he chooses) or it just keeps racking up as a debt.

Thank you, that makes perfect sense!

bosoxy · May 2013

If BM doesn't have a job, doesn't get Social Security, doesn't get unemployment or any other government benefits, then it piles up in arrears. She doesn't get off, it just builds interest until she pays what she owes. Eventually, she will face punishments for not paying it just like any other deadbeat dad.

So if she is ordered to pay $1000 a month and doesn't pay, then in 3 months or so, CSED will put a hold on her driver's license. Perhaps 3 months after that, she will have a warrant for her arrest. If she doesn't pay, it will accrue each month and interest will also accrue. Eventually, she either pays or goes to jail.

Amanda88 · May 2013

The court based BM's CS on full time minimum wage. That is the minimum they allow a parent to pay here. If she chooses not to work she still owes CS.

blondii428 · May 2013

tifanico:
When I filled for CS, I was unemployed and the DCSE calculated CS as if I were making minimun wage.What will she have to do? Go out and try to find a job to support her kids like any responsible parent would do. Maybe the BF will have to pay for it.nbsp;

I completely agree. Unfortunately she has alcohol problems in addition to many others, so I don't know if I see that happening. And the bf just got thrown in jail. I have no idea what she's living on right now. We will make it without it, the thought just crossed my mind and I was curious. Thanks ladies!

PrettyInPearls23 · May 2013

gin9874:
It would be no different than a BD that does not have a job. My DH has been unemployed 3 times since we have been together due to job loss. When he recieves unemployment, his CS comes out of that. When he doesn't, I pay it. Otherwise the arrears just piles up. It doesn't take the obligation to pay away if someone doesn't work.
So either her BF pays it (if he chooses) or it just keeps racking up as a debt.

This was my situation as well. When my XH was unemployed, his unemployment checks were garnished for CS.

MissSusieQ · May 2013

blondii428:
That's what I've found via searching the web. But where I'm hung up is how do they pay it without any income? That's been added to the list of questions to ask our attorney, I was just wondering if anyone has heard of or been in a situation like this!

I see you're in CO too. I know with BM they went off of what she was capable of making when the original decree was made and she hasn't had a job in awhile. DH paid CS based on her capable number and what he made.

If you are asking for support from her it would again be based on your DHs salary and what she is capable of making (what her last hourly am mount was). Then she has to pay just like when we have to pay BM for CS. I recommend definitely having it paid through child support registry so you have record of all payments made and all received. They will then keep tabs on the account and have the ability of taking tax returns and what now if she is behind. She still has to find a way to make the payments.

MissSusieQ · May 2013

bosoxy:
If BM doesn't have a job, doesn't get Social Security, doesn't get unemployment or any other government benefits, then it piles up in arrears. She doesn't get off, it just builds interest until she pays what she owes. Eventually, she will face punishments for not paying it just like any other deadbeat dad.
So if she is ordered to pay $1000 a month and doesn't pay, then in 3 months or so, CSED will put a hold on her driver's license. Perhaps 3 months after that, she will have a warrant for her arrest. If she doesn't pay, it will accrue each month and interest will also accrue. Eventually, she either pays or goes to jail.

Actually in CO it doesn't gain interest until you go to court for arrears and ask the judge for the 14 or 17% compounding interest and he will 99% of the time grant it. CO does not automatically apply it.

Want a personalized experience?

Child support from unemployed mother

Re: Child support from unemployed mother

Choose Another Board

Search Boards